THURSDAY, MAY 20, 1915

MRS. LITCHFIELD OF ELK CITY LOOSES SUIT - Action Was Brought Against Brother to Recover $10,000 On Contract

FEDERAL GRAND JURY BUSY - Litchfield Suit Grew Out of Buster Mine 

Wednesday of last week the case of Sarah E. Litchfield of Elk city against S.W. Smith, came on for trial in the United States District court at Moscow.  The action was brought by the plaintiff to recover $10,000 on an alleged contract.

The suit grew out of mining property located in the Elk City mining district, the plaintiff and her husband, J.C. Litchfield, were residing in Butte, Montana in 1888 and the complaint alleged that Mrs. Litchfield, who is the sister of the defendant, was induced by him to move with her family to Elk city where Mr. Smith acquired the buster mine, and it was alleged that as an inducement Mr. Litchfield was to be given employment at the rate of $3.50 per day and when the mine was sold the plaintiff was to have $10,000 of the selling price.

The mine was sold by the defendant in November, 1908 for $100,000 cash and 75 shares of stock.  The defendant denied any agreement to pay $10,000 to the plaintiff and if was alleged that she and her husband were fully reimbursed.

The trial of the case was concluded last Thursday and an instructed verdict was returned into court Thursday evening for the defendant on the failure of the plaintiff to establish a contract such as alleged in the action.  The plaintiff was represented by Judge James F. Ailshie and the defendant by attorneys Forney & Moore of Moscow.





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